53. Application for setting aside as exclusive recourse against arbitral award
Past version: effective from 17/12/2015 - 22/12/2020
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(1) Recourse to the Court against an arbitral award made in an arbitration which has its seat in the Abu Dhabi Global Market may be made only by an application for setting aside in accordance with subsection (2). Such an application may only be made to the Court.
(2) An arbitral award may be set aside by the Court only if:
(a) the party making the application furnishes proof that:
(i) a party to the arbitration agreement was, under the law applicable to it, under some incapacity;
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the Abu Dhabi Global Market;
(iii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;
(iv) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters not submitted to arbitration may be set aside;
(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or failing such agreement, was not in accordance with the law of the Abu Dhabi Global Market; or
(vi) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
(b) the Court finds that:
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the laws of the Abu Dhabi Global Market; or
(ii) the recognition or enforcement of the award would be contrary to the public policy of the UAE.
(c) An application for setting aside may not be made after three (3) months have elapsed from the date on which the party making that application had received the award or, if the parties have agreed to any other arbitral process of appeal or review, the date when the applicant or appellant was notified of the result of that process or, if a request had been made under section 52, from the date on which that request had been disposed of by the arbitral tribunal or after such longer period as the parties to the arbitration have agreed in writing.
(3) Save as set out in this section, there shall be no other recourse or appeal to the Court against an arbitral award made in an arbitration which has its seat in the Abu Dhabi Global Market.
(4) For the avoidance of doubt, the Court must not undertake a merits review of the award either on fact or law.